ALOK KUMAR VERMA versus UNION OF INDIA & ANR.

ALOK KUMAR VERMA versus UNION OF INDIA & ANR.

The impugned orders dated 23 October 2018 divesting the Director, CBI of his powers, functions, duties and supervisory role without obtaining the prior consent of the Committee constituted under Section 4A(1) of the DSPE Act are set aside because the legislative intent and statutory scheme require that any such divestment or effective disengagement of the Director's functions must be tested by and, as applicable, require the opinion/consent of the Section 4A(1) Committee; the matter is remitted to that Committee to consider at the earliest.

Parties
Petitioner: Alok Kumar Verma; Respondent: Union of India; Petitioner: Common Cause; Respondent: Rakesh Asthana
Jurisdiction
India
Judgment Date
08 January 2019
Procedural Posture
Writ Petition (civil) / Final Judgment and Orders (disposed)
Outcome
Writ petitions allowed in part; impugned orders set aside; matter referred to the Committee under Section 4A(1) of the DSPE Act for consideration; petitioner reinstated with restrictions
Legal Topics
CBI Independence, Appointment and Removal of Director, CBI, Statutory Interpretation, Superintendence and Investigatory Powers, Divestment of Powers
Constitutional Law Administrative Law Service Law Criminal Law CBI Independence Appointment and Removal of Director, CBI Statutory Interpretation Superintendence and Investigatory Powers +1 more

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Parties

Alok Kumar Verma

Petitioner

Union of India

Respondent

Common Cause

Petitioner

Rakesh Asthana

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment and Orders (disposed)

Legal Issues

  1. 1 Whether the Central Vigilance Commission and the Government of India are competent to divest the Director, CBI of his powers, functions and supervisory role without obtaining the prior consent of the Committee constituted under Section 4A(1) of the DSPE Act
  2. 2 Whether the word "transferred" in Section 4B(2) of the DSPE Act must be construed narrowly (ordinary sense of transfer) or broadly to cover any mode of divesting the Director of his functions
  3. 3 Whether Sections 14-16 of the General Clauses Act, 1897 apply so as to authorize the Central Government to take the impugned steps including appointing an acting Director

Ratio Decidendi

The impugned orders dated 23 October 2018 divesting the Director, CBI of his powers, functions, duties and supervisory role without obtaining the prior consent of the Committee constituted under Section 4A(1) of the DSPE Act are set aside because the legislative intent and statutory scheme require that any such divestment or effective disengagement of the Director's functions must be tested by and, as applicable, require the opinion/consent of the Section 4A(1) Committee; the matter is remitted to that Committee to consider at the earliest.

Court Disposition

Writ petitions allowed in part; impugned orders set aside; matter referred to the Committee under Section 4A(1) of the DSPE Act for consideration; petitioner reinstated with restrictions

Orders

  • Order of the Central Vigilance Commission dated 23 October 2018 divesting the powers, functions, duties and supervisory role of Shri Alok Kumar Verma as Director, CBI is set aside
  • Order of the Government of India, Ministry of Personnel dated 23 October 2018 divesting Shri Alok Kumar Verma of his functions, powers, duties and supervisory role is set aside